Buckman v. Alexander

Citations

• 24 Fla. 46

Syllabus

<p>1. Section 9 of Article XVI of the Constitution, providing for the payment by the State of costs and expenses in criminal prosecutions in certain cases, refers to all the costs and expenses, and not merely to those made by the State.</p> <p>2. Section 4 of the act of 1887, (chapter 3702,) to “provide for and regulate the payment of costs arid expenses in certain cases of criminal prosecutions by the State,” does not require that a person not insolvent shall take the oath there prescribed in order if he is discharged to put the payment of the costs and expenses of the case upon the State.</p> <p>3. The regulations of that act are not in violation of the Constitution.</p> <p>4. The witnesses of a discharged defendant who has not taken the oath of insolvency in a criminal prosecution should be put upon the pay roll and paid by the State under the regulations of the act of 1887, chapter 3791, to “provide the manner of payment of jurors-and witnesses to be paid by the State;” but the court should not go beyond a general judgment that the costs be paid by the State, leaving the ascertainment of costs and the payment to be made as the several statutes direct.</p>